Diminished responsibility

Question 1

Acts that set out DR + section numbers

Answer 1

S.2 homicide act 1969
S.52 coroners and justice act 2009

Question 2

tests for DR

Answer 2

1.Abnormality of mental functioning
2.arising from a recognised mental condition
3. leads to significant impairment of ability
4. significant reason as to why killed

Question 3

section number for AMF

Answer 3

S.52(1)

Question 4

Section number for recognised medical condition

Answer 4

S.52(1)(a)

Question 5

section number for significant impairment of ability

Answer 5

S.52(1)(b)

Question 6

section number for significant reason as to why D killed

Answer 6

S.52(1)(c)

Question 7

case for definition of AMF + definition

Answer 7

Byrne - a state of mind so different from that of the ordinary human being that a RM would term it abnormal

Question 8

how are the recognised medical conditions found

Answer 8

internationally defined list

Question 9

list of recognised medical conditions + cases

Answer 9

Depression - Seers
autism - Conroy
coercive control - Challen
ADS - Tandy
battered spouse syndrome - Ahluwalia
schizophrenia - Kay
paranoid personality disorder - Squelch

Question 10

different ways of substantial impairment of ability

Answer 10

unable to understand conduct
unable to form rational judgment
unable to exercise self control

Question 11

section number for unable to understand conduct

Answer 11

S.52(1A)(a)

Question 12

section number for unable to form rational judgement

Answer 12

S.52(1A)(b)

Question 13

section number for unable to exercise self control

Answer 13

S.52(1A)(c)

Question 14

case for unable to exercise self control

Answer 14

Byrne

Question 15

definition of proves explanation of Ds conduct

Answer 15

AMF must have causal connection to why D killed

Question 16

Rules between DR and intoxication

Answer 16

1. intoxication alone isn’t DR - Dowds
2. if intoxicated + pre existing AMF jury must decide if AMF was significant factor
3. ADS - allowed to use